| (1) | A person may not handle food or allow food to be handled in a manner contrary to the provisions of these Regulations. |
| (2) | If an inspector, following an inspection of food premises or a facility, is of the opinion that the premises or facility or any activity constitute a health hazard and that the continued use of the food premises or facility or the activity must be prohibited because— |
| (a) | of the condition of the food premises or facility; |
| (b) | of the manner in which the food premises or facility are used; |
| (c) | the food premises or facility do or does not comply with these Regulations; |
| (d) | of the manner in which a particular activity takes place with regard to the handling of food; or |
| (e) | of the circumstances that exist with regard to the food premises or facility or any other activity, |
the local authority may summarily prohibit the use of the food premises or facility for the handling of food or any of the activities that relate to the handling of food, by issuing a written prohibition order on a form that is substantially the same the form in Annexure C of these Regulations to the person in charge or, if he or she is not available, his or her representative, informing that person of the prohibition and the reason for the prohibition.
| (a) | A prohibition comes into operation from the time and the date on which a prohibition order is served under subregulation (2). |
| (b) | A person is guilty of an offence if he or she performs an act that is contrary to a prohibition order. |
| (4) | The person in charge or his or her representative, upon whom a prohibition order was served, may, after rectifying the conditions which led to the issuing of a prohibition order, in writing, request the removal of the prohibition order. |
| (5) | An inspector must, within 72 working hours of receiving a written request for the removal of a prohibition order, carry out an investigation of the food premises, facility, activity or circumstance which gave rise to the prohibition. |
| (6) | The local authority must upon completion of the investigation by the inspector, in writing, inform the person on whom the prohibition order was served or, if he or she is not available, any other person representing such person, that the prohibition order has been withdrawn or remains in force, as the case may be. |
